Practice Area
Construction and Real Estate
SIGNUM’s Construction and Real Estate practice advises international and Kazakhstan companies, investors, developers, contractors, owners and tenants on a broad range of matters relating to construction projects and real estate transactions.
We support projects throughout their lifecycle – from the acquisition of land and real estate assets, transaction structuring and permitting to design, construction, commissioning and the subsequent use or disposal of the asset. Our team drafts and negotiates construction, works, EPC and other project agreements, including contracts based on FIDIC standards, and advises on risk allocation, liability, warranties and performance security.
In real estate matters, SIGNUM advises on acquisitions, disposals, leases, mortgages and other forms of property use, conducts legal due diligence of real estate assets and land rights, assists with registration of transactions and advises on land law, easements, changes in designated use and other regulatory requirements.
Our experience spans industrial and energy facilities, oil and gas infrastructure, commercial real estate, production facilities, transport infrastructure and other projects. We help clients identify and mitigate legal risks at an early stage and represent them when construction and property-related disputes arise.
- Construction and Project Contracts – drafting, reviewing and negotiating construction, works, EPC, EPCM and other project agreements, including contracts based on FIDIC standards.
- Real Estate Transactions – advising on acquisitions, disposals, leases and other forms of use of real estate assets, including transaction structuring and implementation.
- Registration of Real Estate Rights and Transactions – assisting with state registration of ownership, leases, mortgages, other encumbrances and real estate transactions.
- Property Rights – advising on and assisting with the registration of private property rights, as well as rights of economic management and operational management.
- Land Matters – advising on the acquisition and use of land, changes in designated use, easements, subdivision and consolidation of land plots and other land law matters.
- Construction Permitting – assisting with obtaining permits, approvals and other documentation required for design, construction, reconstruction and commissioning of facilities.
- Real Estate and Construction Due Diligence – conducting comprehensive legal reviews of land plots, real estate assets, title documents, permits and key project agreements.
- Construction and Property Disputes – advising and representing clients in disputes relating to construction, contractor relationships, real estate, land and property rights.
Experience
Drafted a FIDIC-based turnkey contract for the design, supply of equipment and materials and construction of a pipeline for a major oil producer operating in Western Kazakhstan.
• Advised a major Turkish construction company in negotiations with the Ministry of Transport and Telecommunications on contracts for the reconstruction of an airport in Astana and roads in various regions of Kazakhstan.
• Advised a major uranium mining company on the contractual obligations of a general contractor in connection with the construction of a processing facility and related infrastructure.
• Advised a US investment fund on legal matters relating to the completion of a hydropower plant in south-eastern Kazakhstan.
• Advised an oil and gas company on a tender for the construction of a gas turbine power plant, including preparation and negotiation of the relevant contractual documentation.
• Assisted with establishing a consortium between an Asian engineering company and a Kazakhstan construction company for participation in a tender for the design and construction of a gas turbine power plant.
Advised a client on the acquisition of a Kazakhstan construction company owning land plots and specialised equipment. The acquired assets were intended for the development of energy projects in the Caspian region.
Advised an oil company on the acquisition of land for an operational base in the Aktobe region – from review of the transaction documents through to obtaining the required regulatory approvals.
Advised on the allocation of real estate assets as part of a company liquidation.
Advised on the acquisition of a construction materials plant, including transaction structuring, transaction documentation and regulatory approvals.
Represented a client in negotiations with the Almaty local authorities concerning the unlawful expropriation of land for public needs.
Represented an oil producer before government authorities and the courts in proceedings to establish easements over land in the Mangystau region for the construction and operation of pipelines.
Assisted a construction materials manufacturer with registration of land rights required for a railway siding in the Almaty region.
Advised a uranium mining company on changes to land category and designated use, reservation of land and registration of land rights for the development of an energy facility.
Assisted a major international contractor with obtaining the full range of permits required for the construction of an artificial island and operational camp in the Caspian Sea.
Assisted with obtaining licences, permits and other approvals required for the construction of a pipeline from an oil and gas field to a central processing facility and beyond.
Assisted a major construction company with obtaining approvals for project documentation and required technical programmes.
Advised a major telecommunications company on construction and technical requirements applicable to the installation of cellular communications infrastructure in Kazakhstan.
Conducted comprehensive legal due diligence of a major Kazakhstan road construction company in connection with a contemplated joint venture with a European construction group.
Conducted legal due diligence of a power generation company in East Kazakhstan in connection with financing of the reconstruction of its facilities by a major European bank.
Conducted legal reviews of land plots, construction assets, permitting documentation and related rights in connection with acquisitions and financing of infrastructure and industrial projects.
Represented a major construction company in litigation against a subcontractor concerning the scope of works performed and construction costs.
Represented a party to a lease in a dispute concerning termination of the lease following breaches of contractual obligations and claims for damages of approximately USD 1.2 million.
Advised and represented a major European construction company in a dispute with environmental authorities, resulting in a substantial reduction of previously imposed penalties and charges.
Represented construction and infrastructure companies in disputes relating to contractor obligations, scope and value of works, use of real estate and land rights.
